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Teton County planning commission signs written decision approving Canfield rear-setback variance
Summary
The Teton County Planning and Zoning Commission approved a written decision for a variance allowing the Canfields' single-family dwelling to remain closer than the FH-10 40-foot rear setback after staff and commissioners amended the draft decision to record permitting errors.
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The Teton County Planning and Zoning Commission on a voice vote approved a written decision formalizing a variance for landowners Mark and Robin Canfield that documents an existing single-family home’s encroachment on a rear-yard setback.
The decision records that the permitted plan showed the new dwelling at about 42.2 feet from the rear property line but site measurements after construction found the foundation 32.4 feet from the rear lot line. Staff said the changes to the building location were not approved by the county and that the approved building permit showed incorrect setback information.
Commissioners said the record should reflect that a drafting/notation error on the approved permit contributed to the problem and that the written decision should be amended accordingly. Staff member Jade told the commission that, because the Planning and Zoning Commission is the deciding body for this variance absent an appeal, the record must be accurate before the chair signs the decision.
Commissioner Baker moved to approve the written decision with the discussed amendments to clarify the permitting error; the motion was seconded and carried by roll call. Commissioners Baker, Wertenbrock, Kauffman, Penfold, Weber, Kohut and Braun voted yes.
The written decision includes standard conditions: that approval of the variance does not equate to an approved site plan or building permit, that an approved variance expires one year after approval if no complete building permit is filed or substantial progress is made, and that any future development that would encroach the 50-foot wetland setback must return to the variance process. The commission also directed staff to correct minor typographical errors identified on the draft before the chair signs.
The Canfields were represented in the record by Elk Ridge Builders; the commission’s action finalizes the planning record for this item unless an appeal is filed.
The commission moved on to other business after the chair signed the amended written decision at the meeting.
